The Joe Biden administration’s trade agenda should prioritize export control cooperation with Europe, work to remove trade barriers for U.S. exporters in Asian markets and address unfair Chinese trade practices, a U.S. technology industry group said. If U.S. Trade Representative Katherine Tai promotes the right trade “goals,” the U.S. can “re-establish” its technology leadership and boost export competitiveness, the Information Technology Industry Council said in a March 30 letter to Tai.
Exports to China
Export Compliance Daily is providing readers with the top stories for March 22-26 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
A bipartisan group of former U.S. national security officials asked the Biden administration to support a bill that would establish a State Department office to coordinate export controls, standards setting and other critical technology issues with other democratic nations. The Democracy Technology Partnership Act, introduced in the Senate earlier this month, would help the U.S. better respond to Chinese efforts to dominate global technology sectors and lead in emerging technologies, the former officials said in a March 30 letter to Secretary of State Antony Blinken and National Security Adviser Jake Sullivan.
Three Sheppard Mullin lawyers, across two continents, say the outcome of the new aggressive stance against China's rising technological manufacturing sector is yet to be seen, but that they don't expect the Biden administration to back away from the most significant export control actions taken under President Donald Trump.
Export Compliance Daily is providing readers with the top stories for March 15-19 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
The U.S. should be doing more to restrict Chinese semiconductor companies from buying U.S. equipment, which is strengthening China’s military and ceding U.S. technology leadership, researchers said. Although the U.S. should bolster domestic policies to help the semiconductor industry -- including through supply chain, manufacturing and research incentives (see 2102240052) -- the researchers said the Commerce Department’s export controls include loopholes for companies that sell advanced technologies to China.
The Commerce Department should expand export restrictions on China’s top chipmaker to prevent it from accessing a broader range of semiconductor manufacturing equipment, two U.S. lawmakers said. In a March 18 letter to Commerce Secretary Gina Raimondo, Sen. Marco Rubio, R-Fla., and Rep. Michael McCaul, R-Texas, asked the agency to apply the foreign direct product rule to China’s Semiconductor Manufacturing International Corporation, which would restrict the company’s ability to import certain foreign-made semiconductor equipment that is built with or that incorporates U.S. technology. The move would subject SMIC to similar restrictions imposed by the Bureau of Industry and Security on other Chinese companies on the Entity List, including Huawei (see 2012210044).
White House National Security Advisor Jake Sullivan will be meeting with some top Chinese officials March 18, but the trade war will not be front and center, he told reporters at a White House press conference March 12. A reporter asked what China would have to do for the U.S. to reduce or lift tariffs, or loosen export controls. “I don’t expect that, for example, the phase one trade deal is going to be a major topic of conversation next week,” Sullivan said; instead, it will be more about geopolitical issues and human rights, not details on tariffs and export controls. “But we will communicate that the United States is going to take steps, in terms of what we do on technology, to ensure that our technology is not being used in ways that are inimical to our values or adverse to our security. We will communicate that message at a broad level,” he said. He added that before the U.S. can begin negotiating on trade, there's more work to do with allies, “to come up with a common approach, a joint approach, before we go sit down point by point with the Chinese government on these issues.”
The U.S. needs to immediately modernize export controls and foreign investment screening mechanisms to counter Chinese technology advancement, a U.S. commission told Congress. The members of the National Security Commission on Artificial Intelligence, building off a report it released earlier this month, told lawmakers March 12 that the U.S. is in danger of ceding technology leadership over artificial intelligence if it doesn’t devote more resources to innovation and create a clearer national technology strategy.
The Chinese and American semiconductor industry associations will establish a China-U.S. semiconductor working group to streamline information sharing between the two industries, and exchange policies on export controls, supply chain security, encryption and other trade restrictions. The move was announced March 11 on the China Semiconductor Industry Association's website, according to an unofficial translation. The group plans to meet twice a year to address the most pressing issues surrounding semiconductors, including the current global shortage of the key technology, it said. Following the negotiations, each association will appoint 10 member companies to participate in the working group. CSIA is a state-backed association of 774 Chinese semiconductor-related businesses. Its American counterpart is the Semiconductor Industry Association, whose stated mission is lobbying “to strengthen U.S. leadership in semiconductor manufacturing, design, and research.” Neither group has announced participants for the working group.